Just a quick answer please?

[Inepto Cracy]

Having a chat with someone, they have a Thai ID Card but not a Thai Passport. They came into Thailand on a European passport. They said they cannot overstay or do a 90 report because they have a Thai ID Card.

My answer was that they are in big trouble as they have the same laws of 90 day reporting and overstays as us non thais?

Who is right please?

Edited April 6, 2015 by Inepto Cracy

[Mario2008]

A Thai entering Thailand on a foreign passport must follow the immigration rules like any other foreigner.

[paz]

Since they are Thai they cannot be legally fined for overstay, according to the Immigration Act. Possibly another Section of the Act could be used.

So far I haven't heard of anyone appealing the fine.

Having entered country with a foreign passport does not negate one's nationality.

[Pib]

^^^^^What Mario2008 said.

If they plan on staying in Thailand for a long time they should get a Thai passport as you only need a valid Thai ID card to get a Thai passport. Then leave Thailand (do a border run) before their current Permitted to Stay day expires under the foreign passport they entered on to clear the immigration record, and come back in on the Thai passport.

As a dual citizen when it's time to leave Thailand you can show the airline check-in both passports if desired, but when going through Thai immigration only show the Thai passport (assuming you entered on the Thai passport)...then when arriving back in their new home country show their new home country passport. When coming back to Thailand show their new home country passport when departing their home country and when entering Thailand show their Thai passport.

[skatewash]

The advice given to the OP by Mario seems reasonable to me.

However, I wonder if the facts were slightly different than in the OP what the advice would be. Assume the same facts in the OP, but in this case the Thai does have a Thai passport. Under those circumstances could the Thai legally enter Thailand on her European passport, just like any other foreigner.

I ask because I was under the impression (perhaps mistaken) that it was illegal for a Thai citizen to enter Thailand on any passport other than a Thai passport. Is this impression correct or not?

In general, I was under the impression that a dual national must always enter one of her home countries using the passport issued by that home country. I believe that in the US a dual national (say for example, a person holding Thai and US passports), would have to enter the US using her US passport. If she entered the US using her Thai passport she would be considered to be committing fraud by the US immigration officials. I don't know if this is, in fact, true. Does anyone know for certain is this is true? In the US? In Thailand?

To get back to the OP. Doesn't possessing a Thai ID card imply that the possessor is a Thai citizen. Put another way, is it possible for a person to possess a Thai ID card and not be Thai citizen (assuming they hadn't renounced their Thai citizenship)?

[paz]

I ask because I was under the impression (perhaps mistaken) that it was illegal for a Thai citizen to enter Thailand on any passport other than a Thai passport. Is this impression correct or not?

It's not illegal, unlike other countries Thailand does not have an explicit provision of law about that,

So who does that is subject to be fined as a foreigner, even if the law would not allow that.

To get back to the OP. Doesn't possessing a Thai ID card imply that the possessor is a Thai citizen. Put another way, is it possible for a person to possess a Thai ID card and not be Thai citizen (assuming they hadn't renounced their Thai citizenship)?

Thai ID card is proof of Thai citizenship. Some people have Thai foreigner ID cards.

Edited April 6, 2015 by paz

[skatewash]

I ask because I was under the impression (perhaps mistaken) that it was illegal for a Thai citizen to enter Thailand on any passport other than a Thai passport. Is this impression correct or not?

It's not illegal, unlike other countries Thailand does not have an explicit provision of law about that,

So who does that is subject to be fined as a foreigner, even if the law would not allow that.

So, a dual national (US-Thai, for example) can enter Thailand using her US passport? As a US citizen she would receive a 30-day visa exempt entry. She could leave Thailand (again using her US passport) within 30 days. Thai police and Thai immigration officials would have no problem with her (a Thai citizen) being in Thailand under her US passport? She could, for example, go into a bank and open an account using her US passport? She could, for another example, purchase a freehold condominium and transfer ownership of that condo at the Land Office using her US passport? Even though she is, in fact, a Thai citizen?

I'm not doubting you so much, as I'm just asking to get confirmation that this would be OK, since it's different than my previous understanding.

Edited April 6, 2015 by skatewash

[Inepto Cracy]

Thank you for all the answers so far folks. The delema here is that the Thai person involved is the holder of another countries passport and that country does not allow dual citizenship. I think Mario has the best answer yet, however it does open up a case by case application of the law by immigration. thanks once again. Yes the possessor of the Thai ID is a Thai citizen.

Edited April 6, 2015 by Inepto Cracy

[paz]

So, a dual national (US-Thai, for example) can enter Thailand using her US passport? As a US citizen she would receive a 30-day visa exempt entry. She could leave Thailand (again using her US passport) within 30 days. Thai police and Thai immigration officials would have no problem with her (a Thai citizen) being in Thailand under her US passport? She could, for example, go into a bank and open an account using her US passport? She could, for another example, purchase a freehold condominium and transfer ownership of that condo at the Land Office using her US passport? Even though she is, in fact, a Thai citizen?

I'm not doubting you so much, as I'm just asking to get confirmation that this would be OK, since it's different than my previous understanding.

It would not be so OK. At the moment she signs any official document where nationality is declared as foreign, that is making false statement. Entering with a foreign passport just because one doesn't have the Thai falls into this category, but I understand it may be expeditious under some circumstances.

Edited April 6, 2015 by paz

[elviajero]

I don't know the answer, but IMO if they are a Thai national the passport used for entry is irrelevant.

The immigration act is for Aliens so if this person is Thai they can't be penalised under the act for overstay or failing to report, and they don't need to report.

Edited April 6, 2015 by elviajero

[nzexpat]

The Thai person entering on a "foreign" passport can obtain an extension of stay on that passport if they can prove they are indeed Thai.

The individual should seek to obtain a Thai passport.

The person will have to leave the country using the passport used for entry . Thereafter the Thai passport should be used for entry/exit from Thailand.

[JB300]

Thank you for all the answers so far folks. The delema here is that the Thai person involved is the holder of another countries passport and that country does not allow dual citizenship. I think Mario has the best answer yet, however it does open up a case by case application of the law by immigration. thanks once again. Yes the possessor of the Thai ID is a Thai citizen.

But they're no longer a Thai citizen as they would have had to renounce their Thai citizenship in order to get citizenship of their new country if that country doesn't allow dual/multiple citizenship. Edited April 6, 2015 by JB300

[Maestro]

JN300, a Thai national loses his Thai nationality when Thailand's Minister of the Interior publishes the cancellation or revocation of his nationality in the Government Gazette. So far in this topic there has been no indication that this publication has been made for any of the Thai dual nationals referred to in the OP.

[JB300]

In order to get citizenship of a country that doesn't allow dual citizenship they would have had to renounce their Thai citizenship to the local Thai Embassy & give up their Thai passport (I'm assuming this is why they don't have a Thai passport).

I've no idea whether this then goes on to the process you've described but (at least in the other country) they have renounced their citizenship so (at least in the other country) are no longer Thai.

[wayned]

If she entered on a foreign passport and is a Thai National, I think that she can apply for a one year extension of stay based on her being Thai, and will have to do 90 day reports but not leave the country.